Texas prepares for inmate's execution in hopes that Supreme Court allows it to happen

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Texas is moving ahead with preparations to execute a condemned inmate in the hopes that the U.S. Supreme Court will lift a lower court’s stay and allow the lethal injection to proceed. Forty-year-year-old Jedidiah Murphy had been scheduled to die Tuesday for the October 2000 killing of 80-year-old Bertie Lee Cunningham during a carjacking. However, the 5th U.S. Circuit Court of Appeals on Monday upheld a federal judge’s order from last week delaying the execution after Murphy’s lawyers questione

FILE - This photo provided by the Texas Department of Criminal Justice shows Jedidiah Murphy. On Monday, Oct. 9, 2023, the 5th U.S. Circuit Court of Appeals upheld a judge’s order from the prior week that had delayed the execution. Murphy’s lawyers are seeking DNA testing of evidence related to his 2001 trial. FILE - This photo provided by the Texas Department of Criminal Justice shows Jedidiah Murphy. On Monday, Oct. 9, 2023, the 5th U.S.

A federal judge in Austin issued a stay last week after Murphy’s lawyers filed a lawsuit seeking DNA testing of evidence presented at his 2001 trial. They argue the crimes were the strongest evidence prosecutors had to show Murphy would pose an ongoing threat, but that the evidence linking him to the crimes is problematic, including a questionable identification of Murphy by one of the victims.

Prosecutors say the state presented “significant other evidence” to show that Murphy posed a future danger.

 

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